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HomeMy WebLinkAboutRES 13-120 RESOLUTION NO.13-120 WHEREAS, bids were received for a contract to furnish lunches for the Summer Food Service Program funded by the U.S. Department of Agriculture, administered by the Texas Department of Agriculture and sponsored by the City of Beaumont Recreation Division; and, WHEREAS, Myron Green Corporation dba Treat America Food Services, of Merriam, Kansas, submitted a bid for an estimated quantity of 23,177 lunches served in the bid amount of$2.92 per lunch for an estimated expenditure of$67,676.84; and, WHEREAS, City Council is of the opinion that the bid submitted by Myron Green Corporation dba Treat America Food Services, of Merriam, Kansas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Myron Green Corporation dba Treat America Food Services, of Merriam, Kansas, for the Summer Food Service Program administered through the Recreation Division for an estimated quantity of 23,177 lunches served in the bid amount of$2.92 per lunch for an estimated expenditure of$67,676.84 be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Myron Green Corporation dba Treat America Food Services for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of June, 2013. C Yyor Becky es - . s Texas Department of SFSP I Invitation for Bid and Contract Agriculture January 2013 Summer Food Service Program Invitation for Bid (IFB) and Contract SECTION A INVITATION FOR BID AND CONTRACT FACE SHEET This document contains an invitation to food service management companies to bid for the furnishing of unitized meals to be served to children participating in the Summer Food Service Program(SFSP)authorized by Section 13 of the National School Lunch Act, and operated under Part 225 of the U.S. Department of Agriculture(USDA)regulations.This document sets forth the terms and conditions applicable to the proposed procurement. Upon acceptance it shall constitute the contract between the bidder and the contracting entity below. Please note that changes to the Invitation for Bid(IFB) and Contract terms are not allowed. Contracting entities that make changes to terms that have not been approved by the Texas Department of Agriculture(TDA) may not use SFSP funds to pay Food Service Management Company(FSMC)expenses. In accordance with Federal Law and U:S Department of Agriculture policy,this Institution is prohibited from discriminating on the basis of race, color,national origin,sex,age,or disability. To file a complaint of discrimination,write USDA,Director,Office of Adjudication, 1400 Independence Avenue,SW,Washington,D.C.20250-9410 or call toll free(866) 632-9992 (Voice).Individuals who are hearing impaired or have speech disabilities may contact USDA through the Federal Relay Service at (800)877-8339; or(800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer. Page 1 of 28 INVITATION FOR BID AND CONTRACT INDEX SECTION PAGE A. Invitation for Bid and Contract Face Sheet 1 B. Certification of Independent Price Determination 4 C. Instructions to Bidders 5 D. Scope of Services 9 E. Unit Price Schedule and Instructions 9 F. General Conditions 13 G. General Provisions 17 SCHEDULE A. Site Information Sheet 19 B. Cycle Menu 20 C. USDA Meal Pattern Requirements 21 D. Unit Price Schedule 23 D-1.Summary Bid Sheet 24 E. Anti-Collusion Affidavit 25 F. Certification Regarding Lobbying 26 G. Standard Form LLL—Disclosure of Lobbying Activities 27 Page 3 of 28 Exhibit A LU LU M Fad Zlesas 77701 `� ? s CiftdPytraaa Z a3i-i9i0a • l�el�oAh O Coaai�lar � Q 'Celataya�e�aaa�t .' - Ea�lealioa Jme 106 2013 1- 2013 w HMSO M p (CZ dwAbmt a aialepe�+oeadyeltisa.S!6 fo IAK) v W 23.2013 1QD413-34 1 2013 2-00 PM � W&Vd.cw,Eft* C,Ue) '01 Main M"s 7M7 * CW All Sam, Cart tR a1�eaNle�fe.a�■bar si> +e. arlt*toe a►l.dwaleita j O i �. a «� $2.92 29.177 !67,636.04 ssssss X RR1 pi Saab Pa'map Rsqmked 1^ 1rWtJAfnWIM Food SerVkn M4 -49W AMkIw CWi irmi; Caia) $500 Shmus MIsslon Pxicwov, IM LOU, K5 66202 9�et15limws {L W10 (ftw or T"W) WO m Pd kn Ift Dats President, Food Services Dabs+ Ca ieaat N*...._ CM I- F,* F itTs Nme Ihm)- �s De6r�eaeataNs�e's TMe �f L Confidential - 5 - i b F LU CERTF1rCATTON OF QIDZPWNDEW PRICE DE1 RNMAnOM A. By s bmb dm oftitis bid,the bidder cxctif as and in the cm of a joist bid,each port Li' dxxdo certifies n W its own orpmindon,tbst in oommadm wM thb p (� 1) The pdosa in this bid hm been aafvsd at f Ni amsubedon, Q oommaoic�etion at hem and for ft pacpon of redda ft nowvswion,as to any Z atet0armidlag m sash prises wli my odwbkMw or w1*my com padeor, 2) U deee Wwwim by taw.the picas vM&but been goosed m this bid have nd bwa imowbely dWmd by titre bidder and wM sot b~be disdond by L lie bWderpsiwto opuft is tie case of m adea dnd pwounme t,orp&rto award in the case of a negotiatod pw mew,dba*or to my other bidder or to uj any cm%wdjw, 3) %dietnpt healers$poet made or will be mode by to bidder to ictdaoe v any pataop a$rtes to submit or eat mbntit a bid for the�apoae o>�nwetetina ooapadr3m�. j >. B. Ew%petsaa sib ibis bid owifmtlN t w 1) Iie tor site i.the person in binders a zeipoaeMtle r�ri$tk the N o an fwtbe decision m10 tie prices b ft odMMed bw t and ihatbe ocdw O b gal d, aid vM etat paWwipeK is taffy madm comma to(AXI)duough 0 Z) He or she is not ft persaa ilk the bidder'sot geiaetisa mpowNe WOW dmt 0 oqPWacian fiordw dmdsion m io site pdoes beiag ofA,- d burin krt dot he arshe ,i hes been stttltooaed is w�iag to ed as egret the�psesoere taepootdhis t�bt sneh decidon in eerdi}tetd dart such persons have mi padoipitad snot wM nst pK6cipetq, in MW u tioo. to(A)(I) (A)(3)dxw.,and n their agent dose heeeby i m certtirr,sod be ca afire taw not pecddpead,and win am I 1',q in sag aodon oontmey to(A X1)drovO(A)(3)abom at OWN s Big TYe Dase PreNdent of Food 5J39018 zonal 60, &126 In ft bK the==&aft eaWs oiigeem aWlepa or agab bey�ee not iWm my W,w �bean jeoperdiaed tits�of fm bid reed tao abava of Cuiraatitd,zao7'a A"2, ]lads 6 131 ( a bidders bid does not cottnkm nwpanoe of da couwwL) NOW C 00th ng en&y and bidder shell mmft this Cortintor0e of Independent Pxioe Confidential - 6 - SECTION C INSTRUCTIONS TO BIDDERS 1. Definitions As used herein: a) Bid—An offer to perform,in accordance with the specifications and conditions, for a stipulated price. The bidder's offer. b) Bid Bond—A copy of the bid bond must accompany the IFB when submitted to the contracting entity; it is required only if the projected contract reimbursement is in excess $100,000.The contracting entity shall require a bond in an amount not less than five (5)percent or more than ten(10)percent of the value of the contract for which the bid is made.The bond must have been secured from a surety company listed in the U.S. Department of the Treasury Circular 570. c) Bidder—A food service management company submitting a bid in response to this invitation for bid. d) Contract—A formal,legally enforceable agreement between the buyer(contracting entity) and the seller (contractor)that establishes a legally binding obligation for the seller to furnish goods and/or services and for the buyer to compensate the seller. e) Contracting Entity An organization that enters into an agreement with TDA to assume final administrative and financial responsibility for SFSP operations. The organization which issues the IFB. f) Contractor—A successful bidder who is awarded a contract by a contracting entity participating in the SFSP. g) Code of Federal Regulations(CFR)—The codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal government. h) Food Service Management Company (FSMC)--Any commercial enterprise or nonprofit organization with which a contracting entity may contract for preparing unitized meals,with or without milk, for use in the SFSP,or for managing a contracting entity's food service operations in accordance with the SFSP regulations. FSMCs may be: (a)public agencies or entities; (b)private,nonprofit organizations; or(c)private;for profit companies. i) Invitation for Bid (IFB)—The document where the procurement is advertised. In the case of the SFSP,the IFB becomes the contract once both parties agree in writing to all terms and conditions of the IFB. Page 5 of 28 I j) Performance Bond—This is required when a FSMC and a contracting entity enter into one or more contracts totaling over$100,000. The amount of the bond must be no less than ten(10)percent of the value of the contract(s)for which the bid is made. The performance bond must be from a surety company listed in the U.S. Department of the Treasury Circular 570. k) Procurement—The process of obtaining goods and/or services in accordance with applicable rules and regulations. 1) Responsive Bidder—A bidder whose bid conforms to all the material terms and conditions of the solicitation. m) Responsible Bidder—A bidder who is capable of performing successfully under the terms and conditions of the contract. n) Summer Food Service Program (SFSP)—The SFSP was established to ensure that low-income children continue to receive nutritious meals when school is not in session. Free meals that meet Federal nutrition guidelines are provided to all children at approved SFSP sites in areas with significant concentrations of low-income children. The U.S. Department of Agriculture (USDA) administers the SFSP at the national level. TDA administers the SFSP in the State of Texas. Contracting entities receive Federal reimbursement from TDA to cover the administrative and operating costs of preparing and serving meals to eligible children at one or more feeding sites. o) Texas Department of Agriculture(TDA)—State agency administering the SFSP. p) Unitized Meal—An individual portioned meal consisting of a combination of foods meeting the SFSP meal pattern requirements, delivered as a unit with or without milk or juice. TDA may approve exceptions to the unitized meal requirement, such as separate hot and cold packs. Other terms shall have the meanings ascribed to them in the SFSP regulations(7 CFR Part 225). 2. Submission of Bids a) Bidders are expected to examine carefully the specifications, schedules,attachments, terms and conditions of this IFB. Failure to do so will be at the bidder's risk. b) Bids must be executed and submitted in triplicate. If accepted,this IFB will become the contract and one copy of the contract will be forwarded to the successful bidder with the notice of award. The copy marked as"original"will be maintained by the contracting entity and be governing should there be a variance between that copy of the bid and the other two copies submitted by the bidder. Page 6 of 28 No changes in the specifications or general conditions are allowed. Erasures on all copies must be initialed by the bidder prior to submission. Failure to do so may result in rejection of the bid. c) Bids over$100,000 shall include a bid bond in the amount of FIVE t 5)%of bid price. (Contracting entity shall insert appropriate percentage from 5%to 10%. This must be the same percentage inserted by the contracting entity on the IFB and Contract Face Sheet). FSMCs must obtain bid bonds from surety companies listed in the current Department of the Treasury Circular 570. FSMCs may not post any"alternative"forms of bid bonds,including but not limited to cash, certified checks,letters of credit, or escrow accounts. Bid bonds will be returned(a)to unsuccessful bidders as soon as practicable after the opening of bids and(b)to the successful bidder upon execution of such further contractual documents and bonds as may be required by the bid as accepted. The bid must be securely sealed in a suitable envelope, addressed to the office issuing the IFB and marked on the outside with the name of the bidder,bid number and date and time of opening. d)A copy of a current State or local health certificate for the food preparation facilities shall be submitted with the bid. Failure to comply with any of the above shall be reason for rejection of the bid. 3. Explanation to Bidders Any explanation desired by a bidder regarding the meaning or interpretation of the IFB specifications, etc.,must be requested in writing prior to bid opening and with sufficient time allowed for a reply to reach all bidders before bid opening. Oral explanations or instructions given before the award of the contract will.not be binding.Any information given to a prospective bidder concerning an IFB will be furnished to all prospective bidders as an amendment of the IFB, if such information is necessary to bidders in submitting bids on the IFB, or if the lack of such information would be prejudicial to uniformed bidders. 4. Acknowledgement of Amendments to IFBs The contracting entity must acknowledge receipt of an amendment to an IFB by a bidder by signing and returning the amendment. Such acknowledgement must be received prior to the hour and date specified for bid opening. 5. Bidders Having Interest in More Than One Bid If more than one bid is submitted by any one person, by or in the name of a clerk,partner, or other person, all such bids shall be rejected. Page 7 of 28 6. Time for Receiving Bids Sealed bids shall be deposited at the contracting entity's address no later than the exact time and date indicated on the face of this IFB. Bids received prior to the time of opening will be securely kept, unopened. 7. Errors in Bids Bidders or their authorized representatives are expected to fully inform themselves as to the conditions,requirements and specifications before submitting bids;failure to do so will be at the bidder's own risk and relief cannot be secured on the plea of error. 8. Award of Contract a) The contract will be awarded to that responsive and responsible bidder whose bid conforms to the IFB and will be most advantageous to the contracting entity, price and other factors considered. b) The contracting entity reserves the right to reject any or all bids and to waive informalities and minor irregularities in bids received. c) The contracting entity reserves the right to reject the bid of a bidder who previously failed to perform properly, or complete on time, contracts of a similar nature, or the bid of a bidder who investigation shows is not in a position to perform the contract. d) Contracting entity reserves the right to accept any bid within 30 days from the date of bid opening. 9. Late Bids Modification of Bids or Withdrawal of Bids a) Any bid received after the exact time specified for receipt of bids will not be considered unless it is received before award is made,and it was sent by registered or certified mail not later than the fifth calendar day prior to the specified date(e.g., a bid submitted in response to an IFB requiring receipt of bids by the 20''of the month must have been mailed by the 15th or earlier.) b) Any modification or withdrawal of bids is subject to the same conditions as in(a) above, except that withdrawal of bids by telegram is authorized. A bid may also be withdrawn in person by a bidder or an authorized representative,provided identity is made known and he or she signs a receipt for the bid,but only if the withdrawal is made prior to the exact time set receipts of bid. Page 8 of 28 c) The only acceptable evidence to establish the date of mailing of a late bid, modifications or withdrawal sent either by registered or certified mail is the U.S.Postal Service postmark on the wrapper or on the original receipt from the U.S. Postal Service. If neither postmark shows a legible date,the bid, modification or withdrawal shall be deemed to have been mailed late. (The term"postmark"means a printed, stamped or otherwise placed impression that is readily identifiable without further action as having been supplied and affixed on the date of mailing by employees of the U.S. Postal Service). d)Notwithstanding the above, a late modification of an otherwise successful bid which makes its terms more favorable to the contracting entity will be considered at any time it is received and may be accepted. SECTION D SCOPE OF SERVICES A. 7 Code of Federal Regulations (CFR)Part 225,entitled Summer Food Service Program is hereby incorporated by reference. Both the contracting entity and the FSMC must operate in accordance with all Program regulations. B. Contractor agrees to deliver unitize meals * inclusive of milk or juice to locations set out in Schedule A, attached hereto and made a part hereof, subject to the terms and conditions of this solicitation. C. All meals furnished must meet or exceed USDA requirements set out in Schedule C, attached hereto and made a part hereof. Food Service Management Companies may prepare unitized meals,with or without milk, for use in Summer Food Service Program. D. Contractor shall furnish meals as ordered by the contracting entity during the period of ** June 10, 2013 to ** Aug. 16, 2013 .Meals served are to be *** five ( 5) days a week, as specified in Schedule A. (Note: Meals will NOT be served on July 4, 2013. ) * Insert"inclusive"or"exclusive" as applicable. ** Contracting entity shall insert contract commencement date and expiration date. *** Contracting entity shall insert appropriate number of serving days. SECTION E UNIT PRICE SCHEDULE AND INSTRUCTIONS 1. Bidders are asked to submit prices in accordance with Schedule(s) D for meals with/without milk* meeting the contract specifications set forth in Schedule C and to be delivered to all the sites stated in Schedule A. Please note that bidders must complete a Schedule D for each meal type (breakfast, lunch, snack, etc.)covered by the IFB. *Contracting entities should indicate whether or not milk should be included in meals/snacks. Page 9 of 28 2. Evaluation of Bids will be performed as follows: Determine the grand total bid for each bidder by totaling the bids for each meal type from Schedule(s) D.Bidders calculations will be checked prior to totaling. 3. Pricing shall be on the cycle menus described in Schedule B. All bidders must submit bids on the same cycle menus provided by the contracting entity. Deviation from the cycle menus shall be permitted only upon authorization of the contracting entity. Bid price must include the price of food components(including milk and/or juice,if part of unitized meal),packaging, transportation and all other related costs (e.g. condiments,utensils,etc.). The unit prices of each meal type which the bidder agrees to furnish must be written in ink or typed in the blank space provided and must include proper packaging as required in the specifications and delivery cost to the designated sites. Unit prices shall include taxes,but any charges or taxes which are required to be paid under future laws must be paid by the bidder at no additional charge to the contracting entity. 4. Average Daily Number of Meals are estimated: They are the best known estimates for requirements during the operating period. The contracting entity reserves the right to order more or less meals than estimated at the beginning of the operating period. Contractor will be paid at the 100%unit cost rate during the payment period specified. (The contracting entity will indicate in Section F, Item 4,"Method of Payment," whether the payment period is weekly,bi-weekly or monthly). Contracting entity does not guarantee orders for quantities shown. The maximum number of meals will be determined based on the approved level of meal service designated by the administering office for each site serving meals provided by the contractor. However,if average meals delivered per day by type over the contract period fall 90% of the applicable average daily estimate,adjustments will be made to the per unit price in accordance with Schedule D. 5. Evaluation of Bidders: Each bidder will be evaluated on the following factors: a)Financial capability to perform a contract of the scope required. b) Adequacy of plant facilities for food preparation, with approved license certification that facilities meet all applicable State and local health, safety and sanitation standards. c)Previous experience of the bidder in performing services similar in nature and scope. d) Other factors such as transportation capability, sanitation and packaging. Bidders that do not satisfactorily meet the above criteria may be rejected as nonresponsive and not be considered for award. Page 10 of 28 6. Meal Orders: Contracting entity will order meals on** to be g y arranger7 of the week preceding the week of delivery; orders will be placed for the total number of operating days in the succeeding week, and will include breakdown totals for each site and each type of meal. The contracting entity reserves the right to increase or decrease the number of meals ordered on a" twenty-four (24) hour notice, or less if mutually agreed upon between the parties to this contract. ** Insert mutually agreed day. *** Contracting entity shall insert appropriate number of hours. 7. Cycle Menu Change Procedure: Meals will be delivered on a daily basis in accordance with cycle menus which appear in Schedule B. Menu changes may be made only when agreed upon by both parties. When an emergency situation exists which might prevent the contractor from delivering a specified meal component,the contracting entity shall be notified immediately so substitutions can be agreed upon. The contracting entity reserves the right to suggest menu changes within the contractor's suggested food cost, periodically throughout the contract period. 8. Noncompliance. The contracting entity reserves the right to inspect and determine the quality of food delivered and reject any meals which do not comply with the requirements and specifications of the contract.The contractor will not be paid for unauthorized menu changes, incomplete meals,meals not delivered within the specified delivery time period,and meals rejected because they do not comply with the specifications. The contracting entity reserves the right to obtain meals from other sources, if meals are rejected due to any of the stated reasons. The contractor will be responsible for any excess cost,but will receive no adjustment in the event the meals are procured at lesser cost. The contracting entity or inspecting agency shall notify the contractor in writing as to the number of meals rejected and the reasons for rejection. The SFSP regulations provide that statistical monitoring procedures may be used to disallow payment for meals which are not served in compliance with SFSP regulations. In the event that disallowances are made on the basis of statistical monitoring,the contracting entity and the contractor will be notified in writing by the TDA as to the number of meals disallowed, the reasons for disallowance, and the methodology of the statistical monitoring procedures employed. Page I 1 of 28 9. Specifications. A. Packaging: 1. Hot Meal Unit—Package suitable for maintaining meals in accordance with local health standards. Container and overlay should have an air-tight closure,be of non- toxic material, and be capable of withstanding temperatures of 400 degrees(204° C) or higher. 2. Cold Meal Unit(or Unnecessary to Heat)—Container and overlay to be plastic or paper and non-toxic. 3. Cartons—Each carton to be labeled. Label to include: a. Processor's name and address(plant). b. Item Identity,meal type. c. Date of production. d. Quantity of individual units per carton. 4. Meals shall be delivered with appropriate nonfood item: condiments,straws for milk, napkins, single service ware, etc. Contracting entity shall insert the types of nonfood items that are necessary for the meals to be eaten: condiments straws for milk napki n.G single serviceware B. Food Preparation: Meals shall be prepared under properly controlled temperatures and assembled not more than 24 hours prior to delivery. Meals shall be prepared in accordance with State and local health standards. C. Food Specifications: Bids are to be submitted on the cycle menus included in Schedule B; and portions shall, as a minimum,be the quantities specified by USDA for each component of each meal, as included in Schedule C of this contract. All meals served under the contract shall conform to the cycle menus and meal quality standards and food specifications approved by the TDA and upon which the bid was based. Milk means whole milk, low fat milk,skim milk,and buttermilk. All milk must be fluid and pasteurized and mwt meet State and local standards for the appropriate type of milk. Milk may be flavored or unflavored. All milk should contain Vitamins A and D at the levels specified by the Food and Drug Administration and at levels consistent with State and local standards for such milk. Milk delivered hereunder shall conform to these specifications. Page 12 of 28 SECTION F GENERAL CONDITIONS 1. Delivery Requirements A. Delivery will be made by the contractor to each site in accordance with the order from the contracting entity. B. Meals are to be delivered daily,unloaded,and placed in the designated location by the contractor's personnel at each of the sites and times listed in Schedule A. C. The contractor shall be responsible for delivery of all meals and/or dairy products at the specified time. Adequate refrigeration or heating shall be provided during delivery of all food to insure the wholesomeness of food at delivery in accordance with State or local health codes. D. The contracting entity reserves the right to add or delete food service sites by amendment of the initial list of approved sites in Schedule A,and make changes in the approved level for the maximum number of meals which may be served under the Program at each site(established under Section 225.6(d)(2)of the SFSP regulations). The contracting entity shall notify the contractor by providing an amendment to Schedule A,of all sites which are approved, cancelled,or terminated subsequent to acceptance of this contract, and of any changes in the approved level of meal service for a site. Such amendments shall be provided within* 48 hours or less. forty-eight *Insert mutually agreed upon number. 2. Supervision and Inspection The contractor shall provide management supervision at all times and maintain constant quality control inspections to check for portion size, appearance and packaging, in additional to the quality of products. 3. Recordkeeping A. Delivery tickets must be prepared by the contractor at a minimum of three copies: one for the contractor,one for the site personnel and one for the contracting entity. Delivery tickets must be itemized to show what meal was delivered,the number of meals delivered,the date and time of delivery,and must match the menu for the day the meals were delivered and served. Designees of the contracting entity at each site will check adequacy of delivery and meals before signing the delivery ticket. Invoices shall be accepted by the contracting entity only if signed by contracting entity's designee at the site. B. The contractor shall maintain records (supported by delivery tickets, invoices,receipts, purchase orders,production records, or other evident)for this contract that the contracting entity will need to meet its responsibilities,and shall submit all required reports to the contracting entity promptly at the end of each month,unless more frequent reports are required by the contracting entity. Page 13 of 28 C. The books and records of the contractor pertaining to this contract shall be available for a period of three years from the date of submission of the contracting entity's final claim for reimbursement, or until the final resolution of any audits, for inspection and audit by representatives of TDA,representative of the U.S.Department of Agriculture, the contracting entity and the U.S. General Accounting Office at any reasonable time and place. D. The contractor shall submit records of all costs incurred in the contracting entity's food service operation in sufficient time to allow the contracting entity to prepare and submit the claim for reimbursement to meet the 60-day submission deadline. 4. Method of Payment The contractor shall submit its itemized invoices to the contracting entity ** bi—weekly in compliance with Section 225.6(h)(2)(iv)of the SFSP regulations. Each invoice shall give a detailed breakdown of the number of meals delivered at each site during the preceding period. The contracting entity shall calculate the average number of meals delivered each day for the applicable period.Payment will be made at the unit price shown for that range. Each payment period will be calculated and paid for independent of other periods.No payment shall be made unless the required delivery tickets/receipts have been signed by the site representative of the contracting entity. The contractor shall be paid by the contracting entity for all meals delivered in accordance with this contract and SFSP regulations.However,neither the USDA nor TDA assumes any liability for payment of differences between the number of meals delivered by the contractor and the number of meals served by the contracting entity that are eligible for reimbursement. **Contracting entity shall insert"weekly","bi-weekly"or"monthly". 5. Inspection of Facility A. The contracting entity,TDA, and USDA reserve the right to inspect the contractor's facilities without notice at any time during the contract period,including the right to be present during preparation and delivery of meals. B. The contractor's facilities shall be subject to periodic inspections by State and local health departments or any other agency designated to inspect meal quality for the State. This will be accomplished in accordance with USDA regulations. C. The contractor shall provide for meals which it prepares to be periodically inspected by the local health department or an independent agency to determine bacterial levels in the meals being served. Such levels shall conform to the standards which are applied by the local health authority with respect to the level of bacteria which may be present in meals served by other establishments in the locality. The results of the inspections must be submitted promptly to the contracting entity and TDA. Page 14 of 28 6. Performance Bond Requirement The successful bidder shall provide the contracting entity with a performance bond in the amount of ten(10)percent of the contract price. The FSMC must obtain the performance bond from a surety company listed in the current Department of the Treasury Circular 570. The FSMC may not obtain any"alternative"form(s)of performance bond, including but not limited to cash, certified checks, letters of credit, or escrow accounts. The performance bond must be furnished to the contracting entity within ten days of the awarding of the contract. 7. Insurance The contractor shall carry product casualty and insurance(theft,storm, and fire damage, general food safety and sanitation)on all food and supplies in the contractor's custody or control regardless of location, in accordance with acceptable industry practices. The insurance carrier shall have a rating of A-or better as rated by the A.M. Best Company. The contracting entity shall be an additional named insured agency on the Certificate of Insurance and all payments of losses shall be made payable jointly to the contractor and the contracting entity. The extent of coverage shall exceed the amount of the contract by 10%and not more than 25% of the total contract. Bids shall be accompanied by a statement from an insurance carrier, licensed to conduct business in the State of Texas, indicating the carrier's agent has reviewed the bid and insurance requirements,can satisfy all required coverage specifying the type of policy/coverage providing said coverage. The successful bidder shall provide proof of insurance to the contracting entity not later than ten days following award of the contract. Coverage shall not lapse during the period of the contract. Contract extension will require proof of insurance for the period of time service is extended according to the contract or amendments made to the contract. Each item below must be covered in writing on the Certificate of Insurance. 1. The policies must state"all risks,"or"special causes of loss," or"broadest coverage available in the market place" and the dollar value limit. 2.There must be a 30-day cancellation or non-renewal notice rather than ten. This notice must be directed to the contracting entity. 3.The certificate of insurance must remove the words "endeavor to"from the cancellation section to reflect a firm commitment toward issuing a written cancellation or non-renewal notice to the certificate holder. 4.The food and supplies used for meeting the terms of the food service contract must be covered using one of the following acceptable terms: marine, cargo, inventory, contents, stock or warehouse legal liability. 5. The contracting entity shall be provided an endorsed/executed copy of the insurance policies that cover the food and supplies. Page 15 of 28 8. Availability of Funds The contracting entity reserves the right to cancel this contract if the Federal funding to support the SFSP is withdrawn. It is further understood that,in the event of cancellation of the contract, the contracting entity shall be responsible for meals that have already been assembled and delivered in accordance with this contract. 9. Number of Meals and Delivery Times The contractor must provide exactly the number of meals ordered.Counts of meals will be made by the contracting entity at all sites before meals are accepted. Damaged or incomplete meals will not be included when the number of delivered meals is determined. 10. Emergencies In the event of unforeseen emergency circumstances,the contractor shall immediately notify the contracting entity by telephone or telegraph of the following: (1) the impossibility of on-time delivery; (2)the circumstance(s)precluding delivery;and(3)a statement of whether or not succeeding deliveries will be affected.No payments will be made for deliveries made later than***one ( 1 ) hours after specified meal time. *** Contracting entity shall set time in accordance with SFSP regulations and TDA instructions. Emergency circumstances at the site precluding utilization of meals are the concern of the contracting entity.The contracting entity may cancel orders provided it gives the contractor at least**** 24 hours notice or less if mutually agreed upon between the parties to this contract. (twenty—four) "" Contracting entity shall insert the same number as in Section F-1.D under General Conditions. Adjustments for emergency situations affecting the contractor's ability to deliver meals, or contracting entity's ability to utilize meals,for periods longer than 24 hours will be mutually worked out between the contractor and contracting entity. 11. Termination A.The contracting entity reserves the right to terminate this contract if the contractor fails to comply with any of the requirements of this contract. The contracting entity shall notify the contractor and surety company, if applicable, of specific instances of noncompliance in writing. The contracting entity shall have the right,upon such written notice,to immediately terminate the contract and the contractor or surety company, if applicable, shall be liable for any damages incurred by the contracting entity.Prior to termination,the contracting entity shall contact the TDA concerning procedures for conducting a reprocurement action. Page 16 of 28 B. The contracting entity may, by written notice to the contractor, terminate the right of the contractor to proceed under this contract. If it is found by the contracting entity that gratuities in the form of entertainment, gifts or otherwise were offered or given by the contractor to an officer or employee of the contracting entity with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending of the contract;provided that the existence of the facts upon which the contracting entity makes such findings shall be an issue and may be reviewed in any competent court. C. In the event this contract is terminated as provided in paragraph(B)hereof, the contracting entity shall.be entitled to(1)pursue the same remedies against the contractor as it could pursue in the event of the breach of the contract by the contractor, and (2)as a penalty in addition to any other damages in an amount which shall not be less than three nor more than ten times the cost incurred by the contractor in providing any such gratuities to any such officer or employee. D. The right and remedies of the contracting entity provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. 12. Subcontractors and Assignments The contractor shall not subcontract for the total meal,or for the assembly of the meal, and shall not assign, without the advance written consent of the contracting entity,this contract or any interest therein. In the event of any assignment,the contractor shall remain liable to the contracting entity as principal for the performance of all obligations under this contract. SECTION G GENERAL PROVISIONS 1. EgualOpport=n The contractor(FSMC) shall comply with Title VI of the Civil Rights Act of 1964 (Race, National Origin, Color),Title IX of the Education Amendments of 1972 (Sex), Section 504 of the Rehabilitation Act of 1973 (Disability),the Age Discrimination Act of 1975 (Age), and the USDA's regulations concerning nondiscrimination (7 CFR parts 15, 15a and 15b); including any additions or amendments. 2. Clean Air and Water If this contract is in excess of$100,000,the contracting entity and FSMC shall comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act of 1970 (42 USC 1857),or the Federal Water Pollution Control Act(33 USC 1319),as amended. Page 17 of 28 3. Certifications FSMC shall execute and comply with the following certifications: a) Suspension/debarment certification shall be provided by: (1)the contracting entity accessing the Excluded Parties List System https://www.epls.gov (or, as applicable,the System for Award Management(SAM),which is available at https://www.sam.gov), printing the page from the Excluded Parties List System(or SAM system), and maintaining such record with other supporting documentation to demonstrate that the FSMC is not suspended or debarred,or (2)that by signing this Contract the FSMC certifies that they have not been suspended or debarred prior to Program participation. b) Schedule E: Anti-Collusion Affidavit,which is attached and fully incorporated herein. c) Schedule F: Certification Regarding Lobbying, which is attached and fully incorporated herein. d) Schedule G: Standard Form–LLL,Disclosure of Lobbying Activities, which is attached and fully incorporated herein. INSTRUCTIONS FOR COMPLETION OF SCHEDULE A SITE INFORMATION LIST Contracting Entity(CE)Name—Enter the legal name of the contracting entity CE Address—Enter the address of the contracting entity CE Contact Person/Phone Number—Enter the name of the contracting entity's contact person and their telephone number For each site complete the following: Site Name and Address—Enter the name and address of the site.Use the correct street address where meals will be delivered Site Contact Person/Phone#—Enter the name of the site's contact person and their telephone number Refrigerate All Meals?Enter "yes"or"no"to indicate if site has adequate refrigeration to store all meals ordered and could receive early deliveries Begin Date—Enter the date the site will begin serving meals End Date—Enter the date meal service will end for the site Total Days Op.—Enter the total number of days meals will be served at the site Aveg Meals/Day—Enter,by appropriate meal type,the average number of each type of meal that is estimated to be served each date at the site.For example, if the site plans to serve 11,000 lunches for 44 days during the summer,then the average is 250 (11,000-44). Do not insert the maximum number that will be served on a particular day during the summer. Delivery Time for Each Meal Type—Enter the delivery time for each meal type Since Schedule A must be completed well in advance of the application deadline,it is recognized that changes will occur in the data by the time the Program begins. However,be as accurate as possible since the data is used by the FSMC to arrive at their bid prices. The FSMC awarded the bid will accept changes after the bid opening. Page 18 of 28 SCHEDULE A SITE INFORMATION LIST Enter site information ogr attachequivalent information ? .N'•,y., _ems 'C l�.,r City of Beaumont 780 S.Fourth St. Deborah Queen Beaumont,TX 77701 (409) 838-1902 Cathedral of Faith Deborah Queen Yes June Aug. 49 Breakfast BC 409-838-1902 or 10, 16, AM Snack (outreach bldg 409454-9619 2013 2013 Lunch 38 1,862 9:45 A.M. rear) 3210 Elmira PM Snack Su er k;ar .3 Perlstein Park Deborah Queen Yes June Aug. 49 Breakfast 8900 Landis Dr. 409-838-1902 or 10, 16, AM Snack 409-454-9619 2013 2013 Lunch 24 1,176 10:00 A.M. PM Snack Supper Northridge Apts. Deborah Queen Yes June Aug. 49 Breakfast _ 4155 Maida 409-838-1902 or 10, 16, AM Snack 409454-9619 2013 2013 Lunch 23 1,127 10:15 A.M. PM Snack Su er 3r= t �;. .'+;*; * �;. t'�trz '•r� r ?a.. tx. 1 w+ ,;.a' r Pointe North Deborah Queen Yes June Aug. 49 Breakfast Apts. 409-838-1902 or 10, 16, AM Snack 3710 Magnolia 409454-9619 2013 2013 Lunch 31 1,519 10:30 A.M. PM Snack Supper Page 19 of 28 SCHEDULE A SITE INFORMATION LIST Enter site information or attachequivalent information confi-Ac ; , Naiirit ' " ;C'�.0`: `P4rst►>g1► �Neer City-of Beaumont 780 S.Fourth St. Deborah Queen Beaumont,TX 77701 (409) 838-1902 i9ibe Ca�G�ct lay. iv.�ae t�aa >r AN wdar Faeh yea ar xo ` pn Thk Magnolia Park Deborah Queen Yes June Aug. 49 Breakfast 2930 Gulf 409-838-1902 or 10, 16, AM Snack 409-454.9619 2013 2013 Lunch 130 6,370 10:45 A,M. PM Snack saner x S.E.TX Family Deborah Queen Yes June Aug. 49 Breakfast Resource 409-838-1902 or 10, 16, AM Snack 2060 Lying 409454-9619 2013 2013 Lunch 95 ,4,655 11:00 A.M. PM Snack supper Site FatNe aai S>Ibk it aat Aver Totsd T1Aw for ! Iriit 3 ? Yy;+e 14Ie4ifrl MsahTwl 11�ire# �'er�mrl!Fa. ;E,►p- T9Pt. Alice Keith Park Daborah Queen Yes Juno Aug. 49 Breakfast 4075 Highland 409-838-1902 or 10, 16, AM Snack _ Ave. 409-454-9619 2013 2013 Lunch 33 1,617 11:15 A.M. P111 Snack 4prar Ca"Net v �pT Tow A7"ff �440=e=d eraorrJ gM �A Dn F� 1prys Meal 114ea1s/ Total 1Yme fora Pfiour#1 Yea or No Date t)p T� Do Meals P.gChltfeal Type Sprott Park Deborah Queen Yes June Aug. 49 Breakfast _ -- 4325 Us= 409-838-1902 or 10, 16, Ah1 Snack 409-454-9619 2013 2013 Lunch 30 1.470 11:30 A.M. PM Snack- Supper Page 19 of 28 ( 19 a) SCHEDULE A SITE INFORMATION LIST Enter site information or attachequivalent information City of Beaumont 780 S.Fourth St. Deborah Queen Beaumont,TX 77701 (409) 838-1902 Sitet�ertact Rr A>l. D�e�y Fbti Tofsd Meal 4ve Total Tpue.tor Syte Naae and Peiser/. Hleatist' $°p Mesh Eac4Meal Address Date Date T.,* Phona# Yca; NO 1'7pe , Roberts Park Deborah Queen Yes June Aug. 49 Breakfast 2755 Ave.C 409-838-1902 or 10, 16, AM Snack 409-454-9619 2013 2013 Lurch .39 1,911 11:45 AM. PNI Snack Sa �e�i�1d � '�'� A*� Twirl 'l<iilaeBOr 1Meaisl ,hlealr Ea ,leiit Central Park Deborah Queen Yes June Aug. 49 Breald'ast 640 South Fourth 409-838-1902 or 10, 16, AM Snack 409.454-9619 2013 2013 Lunch 30 1,470 12:00 Nan PM Snack Supper BlOe Site 1�l+ltt�and � a x �'rnbsl � T�Setoi�` A �' �be.. fe ' TTRR Meth Etbie�d.: PhaWte°#t Yta1�To Breakfast Ah1 Snack Lunch PM Snack Sn Deaverr Sik Naaaw sand We Ctutact Reft.Site An o � �; Mena Total TLpe.tor Adds use Pboiu# Ies at No Date D TY Dad; Meals Each Meal TyPe Breakfast AM Snack Lunch P11t Snack Supper Page 19 of 28 ( 1 9b) SCHEDULE B CYCLE MENU *Contracting entity shall attach a cycle menu for each site for each meal type. Page 20 of 28 Bid No.MF0413-44 SCHEDULE B SUMMER FOOD SERVICE PROGRAM 2013 MENU CYCLE" (MENU BELOW FOR ALL SITES) Menu 1 Menu 6 Menu 11 Ham 1 oz-2 slices Ham 1 oz-2 slices Turkey 1 oz-2 slices American cheese 1 oz-1 slice American cheese 1 oz-1 slice American Cheese 1 slice Peach slices 2 oz 1 each Orange 1 each White bread(enriched) 2 slices Pineapple Juice 4 oz-1 each Grape Juice 4 oz-1 each Ruby Red Applesauce 4 oz Chocolate milk 8 oz-1 each Chocolate milk 8 oz-1 each Apple Juice 4 oz-1 each White bread(enriched) 2 slices White bread(enriched) 2 slices Strawberry milk 8 oz-1 each Salad dressing 1 each Salad dressing 1 each Salad dressing 1 each Utensil kit 1 each Utensil kit i each Utensil kit 1 each Menu Z Menu 7 Beef Bologna 1 oz-2 slices Peanut butter 2 Tablespoons American cheese 1 oz-1 slice Wheat Bread 2 slices Wheat bread 2 slices Green Apple 1 each Green Apple 1 each Orange Juice 4 oz-1 each Orange Juice 4 oz-1 each White milk 8 oz-1 each Chocolate milk 8 oz-1 each Honey 1 each Ketchup 1 each Cheddar Cheese 1 oz Utensil kit 1 each Utensil kit 1 each Menu 3 Menu Turkey 1 oz-11/2 slices Ham 1 oz-2 slices Ham 1 oz-2 slices Turkey 1 oz-11/2 slices Hot dog bun 1 each Hot dog bun 1 each Raisins 1 oz-1 box each Carrot Sticks 2 oz Apple Juice 4 oz-1 each Apple Juice 4 oz Chocolate milk 8 oz-1 each Chocolate milk 1 oz Salad dressing 1 each Salad dressing 1 each Utensil kit 1 each Ranch dressing 1 each Utensil kit 1 each Menu 4 Menu 9 Beef Bologna 1 oz-2 slices Beef Bologna 1 oz-2 slices American cheese 1 oz-1 slice American cheese 1 oz-1 slice White bread(enriched) 2 slices White bread(enriched) 2 slices Small banana 1 each Small banana 1 each Grape Juice 4 oz-1 each Pineapple Juice 4 oz-1 each White milk 8 oz-1 each Chocolate Milk 8 oz-1 each Mustard 1 each Mustard 1 each Utensil kit 1 each Utensil kit 1 each Menu 5 Menu 10 Ham 1 oz-2 slices Ham 1 oz-2 slices American cheese 1 oz-1 slice American cheese 1 oz-1 slice Hot dog bun 1 each Wheat bread 2 slices Red Apple 1 each Red Apple 1 each Orange Juice 4 oz-1 each Orange Juice 4 oz-1 each Chocolate milk 8 oz-1 each Chocolate milk 8 oz-1 each Salad dressing 1 each Salad dressing 1 each Utensil kit 1 each Utensil kit 1 each In accordance with Federal law and USDA policy,this Institution is prohibited from discriminating on the basis of race,national origin,sex,age,or disability. Page 21a SCHEDULE C SFSP MEAL PATTERN REQUIREMENTS Shade Breakfast Lunch or Supper (Choose two of the four) Milk,fluid Milk I cup(8 fl. oz.� 1 cup(8 fl. oz.� 1 cup(8 fl. oz? Vegetables and/or Fruits Y2 Ott ,/A cup totals %cup Vegetable(s)and/or f uit(s), Or Y2 cup(4 fl. oz.) '31,cup(6 fl. oz) Full-strength vegetable or fruit juice or an equivalent quantity of any combination of vegetables(s),fntxt(s), andjuice Grains and Breads5' 1 slicc Bread 1 slice 1 slice or I serving Cornbread,biscuits,rolls,uuiffins,etc. 1 serving 1 serving or Cold dry cettal .cup or 1 oz. '/,cup or 1 oz. or Cooked pasta or noodle product Y2 CLIP %clip %cup or Cooked cereal or cereal grains or an !2 cup 1i cup 2h cup equivalent quantity of any cotnNnation of graina/breads Meat and Meat Alternates (Optional) Lean meat or poultry or fish or 1 oz. 2 m 1 oz. alternate protein product 7 or 2 oz 1 oz. Cheese 1 oz. Eggs or i/x large egg I large egg '/2 large egg or Y2 C 'A Cup Cooked dry beans or peas '/.cup or 4 thsp 2 tbsp. Peanut butter or soy nut butter or other 2 tbsp. nut or seed butters 1 oz:500/0t 1 oz. or Peanuts or soy nuts or tree nuts or I°Z' seeds 8 oz.or 1 cup 4 oz.or Y2 cup or 4 oz.•or 1/2.cup Yogurt,plain or sweetened and flavored or An equivalent quantity of any combination of the above mcft/meat alternates For the purpose of this table,a cup rxmts a Stan treasuring cup. Indicated endnotes can be found on the next page. Page 21 of 28 Endnotes 1. Serve two food items. Each food item must be from a different food component.. Juice may not be served when milk is served as the only other component. 2. Must be served as a beverage, or on cereal, or use part of it for each purpose. 3. Must be served as a beverage. 4. Serve two or more kinds of vegetable(s) and/or fiuit(s) or a combination of both.Full-strength vegetable or fiuit juice may be counted to meet not more than one-half of this requirement. 5. All grain/bread items must be enriched or whole-gram,made from enriched or whole-grain meal or flour,or if it is a cereal, the product must be whole-grain, enriched or fortified.Bran and germ are credited the same as enriched or whole--grain meal or flour. 6. Either volume(cup) or weight(oz.) whichever is less. 7. Must meet the requirements in Appendix A of the SFSF regulations. 8. No more than 50 percent of the requirement shall be met with nuts or seeds. Nuts or seeds shall be combined with another meat/meat alternate to fulfill the requirement.When determining combinations, l oz. of nuts or seeds is equal to 1 oz. of cooked lean meat,poultry, or fish. Page 22 of 28 SCHEDULED j C W UNIT PRICE SCHEDULE ]Instructions: LU Contracting Entity: Complete Items(a), (b)and(c)for each Meal Type. Bidder; Complete Items(d)and(e)for each Meal Type. Q r Z r } Ens rr� Breakfast AM Snarl[ u.1 Lunch 23,177 2.92 67,676.84 v7 PM Snack «s«« «««s #*** **** Supper «*** «s** «««* «ss« i Adisstmegts• Q If the average daily meals billed is less than the Average Daffy Meals Needed (per item(b) ; "- above), a one time adjustment to the unit price will be made as follows: Average Daly Meals Billed Multiply-Unit Cost"(d)by this { -r Average Pak Meals Needed Amount 81-900/0 1.05 71—W/o 1.10 61-700/9 1.15 51—b0`/0 1.20 50%or Below 1.30 Example:If the"Average Daily Meals Billed'-the"Average Daily Meals Needed"(item (b)above)=.82 or 82%,multiply the"Unit Cost"(item(d)above)by 1.05. The FSMC will invoice the contracting entity at the 100 PA Unit Cost indicated above bi- weekly.To determine if an additional cost per meal is due to the FSMC,complete the following calculation.Divide the total number of meals billed by type(breakfast,lunch,etc.) for the total length of the SFSP by the total number of days the SFSP was operated.Any additional changes resulting from this higher"adjustment"will be reflected in the final statement from the FSMC. Note: The Unit Cost per meal may not exceed the maximum operational reimbursement for each meal type as stated in Part 7 CFR 225 of the Federal regulations. 1 Obtained from the Schedule A, by dividing total meals for each specific meals type by the greatest number of days operated by the site. Y Obtained from Schedule A by totaling the"Total Meals"for each specific meal type. 3"Unit Cost"specified is that cost based on 100%Average Daily Meals Needed. Confidential - 23 - h SCHEDULE D-1 U-1 SUMMARY BID SHEET L 4.:�s t"£ic z Breakfast sa== $=s== $**__ Q AM Snack Lunch 23,177 $2.92 $ 67,676.84 LIJ PM Snack "*" S='_* S Supper =* = S«:_* $____ > TOTAL 23,177 $2.92 $ 67,676.84 I to i' 1"Unit Cost"must be identical to those unit costs listed on the Unit Price Schedule(Schedule D). p L- i � 1 f Confidential - 24 - -- SCIKDQLE E Z w ANTI-COLLUSIONAFFIDAVrr C� STATE OF <( Z COUNTY OF xHNsoN ) � MINIM PWW .of iawfu€ege�being fast swan an os&ray,do Metre+it the sport � aaodrear*by do bidder to edit tiro ausolred bid AMM t6elin a"*M the bidder bu n b a pwW m wy wBwion am WbkV=in reeira'st oflheedaae of competition by L' ot ees aracnow do bid at a fad pica aria raftrk lt+amMddhg orw tsw mdlrto affdd of U qoWluym Ua gwoift.goailigr,or pia m lira proepeathme cam,or my adw ammo of odd ! > rso@ve a eral caooen ofmoncy at odrertbiag of miw for speaW coetiideeafm is dr lath+of 4—=M wk do dw b3ddsetCOe�ira�otorbad natrK JKW at donalad,or speed to pey,one or dande to say ofoa or a piayee eitbrrr dra*or I w in tare pocaeing of the nw rod of a contut pwrim to dds bkL `n Spaw f U- S boxibM and swots t p r.- too this LL�dsy of IJalery 1'dilic{G!Ciadc or judge} -,V" My�mpirea �4k ��l�iN�wlima AdL.4swevoinet it .7 v Confidential - 25 - z 1 SCHEDULE F uj ACA I M REGABDDWz LOMYING w CRRTERCATWN FOR CONTRACTS,GRANTS,AND COOMMA M � AGRliMUMM Q Z Ile um&w i3ned owfifick to fire beat of his or her kwwk dge and befirf thst: Q 1.14o Fedmaf .. -dowd4kn&ham bem paid or wHi be paid,by of cagy belaa of ttte is '-Iouwppl mufth6moingarmumu4mbIlD innsama am or w empioyme dcougmes,or m.empkyee,of a mmobw ofeeegeaar in commectim with the ofFedetel conaux the melt ft of emy Fedw pad,de meldbS of amy Fedual lom,ilea one&&into ofmy cooperadw aapmemaat,and the avian, molinmodoq nmewal,wmn&ww or modiendon of nary Foftd contract,Vm%Iota, � or aooperadve area mart. w 2.N any undo odwr than Federd app ap iaied Amda have bow paid or will be paid I*mV `n pampa ibr kdbnft or aftafft to inarmoo an offim at aapkyee of may ablaacy, p amemotber odaoedtees,am or vaapiroyee of ooar@aw,Or AW atgtloyw of a O member ofcoopm in aamoation wi&this Federal cormscjpw4 bmm,or cooperative aDameem4 Sea undmipnad ahail complete and m6mh S>band tdFam-"Dbdoeme of Lobbybzg Actllvidm&in aceeae4mm w!bb fts i>uonaraua. U- 3.The undudgmed doll requite that the LeDoe®v cidds oedifinden W mated in the award loam !01!fGr an mb4xomb at all times(mob ding mb.00ahacb,a 6V* ts,and co roads u dm graab,locos arrd eve agnem m)ad Dort in shall cm*ad diesdoee 3r. This mdftdm is a aeat+mrid eapeaee"m of but opted which reborn vatsplaoed wbm fir's tcenaaa&S was rich or aoleood iulo.Sabmieeim of able caii8cs ioa is pmwgoiaile for making ar enswimS Wo t h trams irapondby wa dw 1332,title 31,U.S.Cade,Amy Ii m c -vnho fib to file lm iequlra I oectiflemil a dealt be aA*dto a civil p mdtp m nvtless iLan SIlI,tIQa and room*an Slt'1 ODO far each smch failaro. By Date May-13. 2013 (8illimmime of FS1r[C Audrariaed ReQ Cm) Nww(Print or Type} VA I l l im Pell ten Title President, Food Services Confidential - 26 -